CFE agenda 121415 - Laserfiche WebLink

Browse Search

.• 11/23115 Page 3 of 4 BOCC Effects of SL 2015 -286 (HB 765) on Orange Co. 5. [POTENTIAL ORANGE COUNTY LIDO TEXT AMENDMENT REQUIRED] Session Law 2015 -286 (HB 765) removes the previously allowed latitude of local stormwater management programs to "exceed" the requirements of the model program adopted by the Commission and requires Orange County to submit our current or revised stormwater management program to the Environmental Management Commission (EMC) by March 1, 2016. The EMC will then review and approve, approve with modifications, or disapprove our revised stormwater management program by December 1, 2016. The EMC reviewed and approved Orange County's stormwater management program in January of 2012; however, it must be stated that the focus of the EMC at that time was compliance with the Falls Lake Rules. Due to the fact that Orange County is about 45% Falls Lake watershed and 50% Jordan Lake watershed (and about 5% Hyco Creek watershed), our presentation was an overview of our entire UDO regulations, with a focus on how they pertain to the Falls nutrient strategy. It is hard to predict the outcome of this 2016 review, as the focus appears to be on excessive differences (i.e. where Orange County is more restrictive). These regulations are extremely detailed and it appears Orange County has incorporated most of the nutrient limitations verbatim from both the Falls and Jordan nutrient strategies. Orange County's mix of watersheds caused us to be conservative in trying to make the stormwater regulations consistent across the entire county. Other reasons for Orange County's more restrictive regulations are less obvious to those of us without the benefit of historic context. In discussing this matter with Current Planning, it is our ioi int opinion that "stormwater program" could and probably will be interpreted in a broad manner. We expect it will encompass built -upon area (BUA) limitations, as defined in the Fresh Surface Water Quality Standards for Class WS -II through IV Waters, 15A NCAC 02B .0214 through .0216. Using this broad interpretation, Orange County's "stormwater program" differences appear to be primarily in the areas of impervious surface (built - upon area) allowances and riparian buffers (both of which are enforced by Current Planning), where Orange County approaches these limitations in a manner different than that outlined in the North Carolina Administrative Code (NCAC). The EMC may find that UDO revisions are required. 15A NCAC 02B .0262 Jordan Water Supply Nutrient Strategy 15A NCAC 02B.0275 Falls Nutrient Strategy 15A NCAC 02B .0233 Neuse River Basin- Nutrient Sensitive Waters Management Strategy- Protection and Maintenance of Existing Riparian Buffers 15A NCAC 02B .0267 Jordan Water Supply Nutrient Strategey: Protection of Existing Riparian Buffers 15A NCAC 02B .0214 Fresh Surface Water Quality Standards for Class WS-11 Waters 15A NCAC 02B .0215 Fresh Surface Water Quality Standards for Class WS -III Waters 15A NCAC 02B .0216 Fresh Surface Water Quality Standards for WS -IV Waters S:\2_Bouds\BOCCt2015 Public HearingslNov QPH- Work Session Items @015 Session Law EffectskAtt 2 - ImpactsOfSL2015- 286( 1- IB765 )EC- SW- ProgramOfOC- 1 11215.doe